MR. NAYANANANDA DASH,MEMBER -

                                Allegation of illegal revision of arrear outstandings of the complainant’s energy bills and threatening of disconnection of power supply are  the  allegations arrayed against Ops.

2.                             Complaint, in brief reveals that, Complainant is a domestic category of consumer under Ops since the year 1971-72 bearing Old Consumer No.D 5 L1 with new A/C No.02082295 with a contract load of 1.5 KW. It is alleged that complainant was paying monthly energy dues regularly as per actual consumption and meter reading. OP-CESU authorities in the month of June,2001 served energy bill showing an arrear outstanding of Rs.23,762/- which according to complainant is illegal and arbitrary for which complainant made protest before the CESU,authorities regarding the arrear outstanding. Accordingly, the electricity authorities revised the arrear oustandings by showing an amount of Rs.6150/- as an arrear upto January,2004 alongwith list of other villagers outstandings. The list is filed as Annexure C-I and as per the list of the arrear outstandings, complainant paid Rs.2000/- on dtd.31.03.104 vide M.R.No.210444/51053. Complainant on the advise of the Ops installed a new SOZOU meter in his premises, but oPs again continuously served the inflated energy bill not considering the list published earlier, and Ops served an erroneous bill on Feb.,2006 showing an arrear outstandings of Rs.1,00,007/-(Annexure-C-II). It is further alleged that Ops again served an erroneous bill in the month of January,2015 and served a notice dtd.27.11.2015 showing an arrear amount of Rs.25,117/- and threatened to disconnect the power supply if the arrears are not paid within 15 days. Being aggrieved complainant filed a written complaint(Annexure-C-IV) before the authorities, who assured the complainant to revise the bill and physically verified the premises. The physical verification report is marked as Annexure-V. It is also alleged that inspite of repeated complaint, the Ops are not revising the energy arrear   outstanding   which   are   reflected   as   Annexure-C-II, hence the complaint before the Forum with prayer that a direction may be given to Ops to withdraw the notice dtd.27.01.2015 and to revise the energy bill from January,2004( as per Annexure C-I).  

 3.                        Upon notice, Ops appeared through their Ld. Counsel and filed joint written statement b y stating that complainant is a domestic category of consumer under Ops bearing No.02082295. Ops averred that an arrear outstanding energy dues of Rs.99,991/- was pending on the complainant upto March,2006. After revision of energy bill an amount of Rs.72,581/- has been reduced from the arrear outstanding of the complainant, which reflected in the energy bill of month of April,2006, further an amount of Rs.21,391/- is pending on the complainant arrear outstanding upto July,2017. The consumer billing statement is filed into the case as Annexure-A. Accordingly, the Ops have not committed any deficiency in service and bills are prepared on actual demand basis and the complaint devoid of any merit and is liable to be dismissed.

4.                  Heard the complainant and case of the Ops on merit. Complainant to support his pleadings filed documents as Annexures C-I to C-V and Ops filed the consumer billing statement which is marked as Annexure-A. The admitted facts of the case are that complainant is a domestic category of consumer under Ops bearing Consumer No.02082295 with a contract load of 1.5 KW. The dispute between the parties relates to revision of arrear oustandings of monthly energy bills. Complainant alleges that on protesting the arrear outstanding of Rs.23,762/- which is reflected in the monthly energy bill of June,2001, . The CESU authorities revised the energy outstanding upto January,2004 for Rs.6150/- which is reflected in list of the villagers having arrear outstandings(AnnexureC-I), accordingly complainant paid Rs.2000/- on dtd.31.03.2004 vide M.R.No.210444151053. But Ops served a bill on the month of Feb.2006 showing an arrear amount of rs.1,00,006,50 (Annexure c-II). Further, the Ops issued a notice of disconnection on dtd.27.01.2015(Annexure c-III) showing an amount of Rs.25,117/- as an arrear oustandings upto January,2015. On the otherhand the consumer billing statement of complainant filed by Ops(Annexure-A) as on July,2004, the arrear outstanding remain Rs.98m764/- and the energy bill are revised on March,2006, by deducting Rs.72,581/- and the arrear balance remains on April,2006 amounting of Rs.27,481/-. In the circumstances, when the revision of arrear outstandings is compared with Annexure –C-I, and Annexure-A, both are prepared by the Ops and the Annexure C-I bears the seal signature of the officials of OPs. There is no valid reason to disbelieve the Annexure C-I. the Ops also equally silent regarding the preparation of Annexure C-I. But on the consumer billing statement prepared by Ops are inconsistent and contradicts the arrear outstanding figure mentioned in Annexure C-I. As per the Ops the Annexure-A reveals that an amount of Rs.98,764/- is pending on the complainant as arrear outstanding upto July,2004. In addition to this complainant lodged an official complaint before the oPs on dtd.08.03.2016m, copy of the written complaint is filed into the case as Annexure C-IV. But not a single word or reply is disclosed before the Forum regarding compliance of the written complaint(AnnexureC-IV) of the complainant in connection of finalization of arrear outstanding on such discripancies.Further, the revision indicated in the consumer billing statement,Annexure-A is having no legal and accounting basis, which is trustworthy. Now, it is crystal clear that, Ops while preparing the consumer billing statement have not taken into consideration of Annexure C-I, when the same is prepared by officials of Ops and the complainant is entitled to pay the arrear oustandings which is reflected in the Annexure C-I(Rs.6150/- upto January,2004).

                           Having observations, reflected above, it is directed that, Ops will revise the energy bills of the Complainant –consumer bearing No.D 5 L1, new A/C No.02082295 basing on the arrear outstanding of Rs.6250/- upto January,2004 calculating the subsequent monthly energy bill and its payment made by the complainant, within one month of receipt of this order. Ops will serve a re-revised energy oustandings   to    the     complainant   basing on our aforesaid observations, failing which action will be initiated against the Ops as per the provisions of C.P.Act,1986. It is further directed that Ops will not take any coercive action against the complainant till serving of the re-revised energy bill.

                       Complaint is allowed in part without cost on merit.

          Pronounced in the open Court, this the 23rd day of October, 2017.                            

                                     I, agree                   I,agree. 

                                     Sd/-                           Sd/-                               Sd/-       

                                 MEMBER                 PRESIDENT                MEMBER